What is the test for negligent infliction of emotional distress?
MultiRegion, United States of America
The following excerpt is from Baker v. Dorfman, 239 F.3d 415 (2nd Cir. 1999):
"Under New York law, a plaintiff may establish [a claim for negligent infliction of emotional distress] in one of two ways: (1) the 'bystander' theory; or (2) the 'direct duty theory.'" Mortise v. United States, 102 F.3d 693, 696 (2d Cir. 1996). Under the "bystander" theory, which is obviously inapplicable,
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